Deputyship would give people who have extremely vulnerable adults has a family member a lot more control and have more say in there relatives health and welfare and stop these authorities taking advantage of these extremely vulnerable adults before the authorities get hold of theses vulnerable adults to do what they want with them and stop the authorities from using this get out of jail free card consent and capacity it would most certainly be something to look into if your relatives have not got capacity hope this advice helps and stop these authorities denying vulnerable people of the health and social care they are all entitled to.
If the Local Authority is preventing family members from having control over someone or even visiting them as you describe, then the LA have serious concerns and are therefore highly likely to put forward an objection to any application for Deputyship. They have to be told an application is being made. It is also unlikely that a doctor will sign to say that the person has the extremely limited capacity needed for Deputyship if the person actually has the capacity to make certain decisions for themselves as you describe.
If you think that the LA are acting unlawfully in preventing family having control over a person’s finances and well-being, you need to get legal help and ask the Court of Protection to make a decision on what is in the person’s best interest. There is nothing else you can do if relationships between you and the LA are as bad as you describe.
I am sorry to say to you my brother has not got capacity at all he was born with complex and die with complex needs it dose not give local authorities to have control of my brother who he can see and who he can't see we has a family members now our relatives mental health and complex needs and again it is the local authority playing the get out of jail free card capacity and consent that has deamed our relative to have full capacity so they dont have to pay for the correct care to be put into place and denying my brother the help and support for his complex needs from adult social care and like I say they think they can pull all the strings by saying to my brother you will lose your flat if any of your relatives come to visit you this is so we don't go and vist him again playing with someones mental health and there is plenty more that can be done I am just waming up I am having nobody tell me I can't do anything else or there is nothing more that can be done so who ever you are and by the way my brother has got a medical history stating his has not got capacity so again there is no concerns from his family the concers are with the local authority that are unsing and abuseing my brothers mental health for there own gain
As I said, If you think that the LA are acting unlawfully, you need to get legal help and ask the Court of Protection to make a decision on what is in the person’s best interest. There is nothing else you can do.
To be clear you do not have to get legal help if you cannot afford it.
Applications to the court of protection for Deputyship cannot be done under legal aid.
However, just ring the court of protection and ask for the application package, then obtain an assessment in regard to capacity from a suitable person, such as GP, speech and language therapist, a psychologist etc.
Also, gather together as much evidence from anyone who is prepared to write down their views and who also of course know the situation and witness the situation you are in. You may even find people within the provision will do this for you as well as family and friends.
It will be helpful to keep a record of all telephone calls, letters etc. that support the claim to Deputyship, all the barriers you have encountered.
You can request sole Deputyship, Or if more people then consider either joint deputies where decisions have to be joint Or joint and several deputies, where each deputy can make decisions individually or jointly. (If you have other family members that want to be included that could be helpful, and covers the possibility that one drops away for some reason later on, then your disabled relative wouldn’t be left alone again).
Don’t allow yourself to be threatened by the local council, the court of protection are there to help in these situations. The COP will also be very interested in the fact that the local council are depriving your relative of their Liberty by refusing contact with you, this is an abuse of your relatives human rights, ONLY the court of protection can deny contact like this, it is not in the power of the local authority to make such a decision.
So, you have nothing to loose, and everything to gain, the application takes time to get the evidence together etc. But we’ll worth doing.
Also, keep a copy of everything and when you post to the court it’s important to pay the additional postage to have the parcel signed for.
You do know that powers under Deputyship with the Court of Protection still have to be carried out under the legal framework of the various Acts? Where the person is refusing to give consent to have the family in his life, a Deputyship won’t over ride that right. It is also highly unlikely that a person with capacity, would be awarded Deputyship.
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Household Bills in supported living 
staff support for someone in hospital 
Experience of Supported Living
Benefits, contributions and inflation. What help is out there?
Disability Commissioner for England
